(Product being seized from Boomer's Bud- July 31, 2019)

By Mel Rothenburger

ARMCHAIR MAYOR

ROTHENBURGER: It’s getting harder to justify illegal pot shops

Aug 3, 2019 | 7:02 AM

THIS WEEK’S MARIJUANA RAIDS were a case of déjà vu all over again.

The law swept down on two illegal cannabis dispensaries, including Canadian Safe Cannabis Services on Tranquille Road. It was the second time for the Tranquille Road establishment — the first was in 2011 when RCMP paid a visit, confiscating product and shutting the place down.

Owner Carl Anderson was hauled off to jail, where he spent the night as a guest of the RCMP. Charges of possession of marijuana for the purpose of trafficking were stayed three years later and the store carried on business as if nothing had happened.

Police were, of course, enforcing the law. They had no other reason to do it except that it was the law. It was silly and pointless.

At the time, I wrote, in part:

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There’s a passage in Charles Dickens’ Oliver Twist in which Mr. Bumble is accused of stealing some jewelry. Mr. Bumble, not a particularly sympathetic character, blames the theft on his wife.

“You were present on the occasion,” a lawyer tells him. “And, indeed, you are the more guilty of the two, in the eye of the law; for the law supposes that your wife acts under your direction.”

“If the law supposes that,” replies Mr. Bumble, “the law is a ass — a idiot. If that’s the law, the law is a bachelor; and the worst I wish the law is, that his eye may be opened by experience — by experience.”

If only the law were based on experience and its partner, practicality, but such is often not the case….

I noted that the raid was a matter of discretionary enforcement rather than urgent necessity.

My question is, who is the victim here? If medical marijuana users are provided a safe and convenient way to get their weed, who is the offended party?

We only need to turn to Mr. Bumble. The answer is, of course, the law.

Justification for the raid, according to police, was that since it was illegal they had an obligation to do something about it.

On the other hand, the justification for Anderson’s illegal pot shop was that it dispensed medicinal marijuana to those who otherwise wouldn’t be able to get it. Cannabis is like the elixir of the wild West in that it is said to provide relief for a wide range of ailments, except that cannabis is real.

Providing it to those in need was seen by Anderson’s supporters as a noble humanitarian act.

Just last year, police, with the co-operation of the City, raided the Cannis medical marijuana shop on Hillside Drive. As recreational cannabis was moving toward legalization, the City was struggling with what to do about illegal shops.

I wrote then that police and City resources could surely be put to better use.

I’m much less sympathetic this time around. Medical marijuana works under much different conditions now. Anyone with a legitimate need for medical marijuana can ask their family doctor or nurse practitioner for a prescription.

The GP or NP will refer the patient to a cannabis clinic, which will set up a consultation with a doctor specializing in medical marijuana. If approved, a prescription is issued and the patient can choose from a long list of medical cannabis suppliers, registering with one of them (or two for backup in case of short supply).

Then, it’s just a matter of ordering online.

That’s pretty simple, though it can take weeks or even months as you answer a barrage of questions and work your way through several steps and inevitable delays.

Alternatively, of course, you can make a purchase at a recreational marijuana shop if they have what you need. Or, you can grow your own.

It’s legal and safe. The logic for operating an illegal medical marijuana dispensary just isn’t there anymore, aside from rants about the inadequacies of the new cannabis regime and insistence that there shouldn’t be any rules.

This newest raid was carried out by the Community Safety Unit — the province’s new pot police — rather than RCMP, though they were on standby.

Similar scenarios are being carried out in other B.C. cities. Some pot shop owners have applied for legal licences but are being delayed by the provincial government’s snail’s pace approval process.

They’ve all been warned by the CSU that they’ll be raided if they don’t shut down voluntarily. The Ministry of Public Safety, to whom the CSU reports, declares its strategy is to escalate enforcement as more legal stores are opened.

Since the two stores that were raided here this week immediately declared intentions to re-open with a fresh supply of product, the question remains who will win in this stubborn battle. Will there be more raids every time a store reopens?

Will it all get tied up in the courts?

Here are some other questions.

Does the fact an illegal store is trying to become legal justify continuing to operate illegally in the meantime?

Does being able to provide a wider variety of products justify illegal pot shops?

Does selling products more cheaply than legal pot shops justify illegal pot shops?

These are different questions than a few years ago, and harder to answer “yes” to.

Mel Rothenburger is a former mayor of Kamloops and newspaper editor. He publishes the ArmchairMayor.ca opinion website, and is a director on the Thompson-Nicola Regional District board. He can be reached at mrothenburger@armchairmayor.ca.

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Editor’s Note: This opinion piece reflects the views of its author, and does not necessarily represent the views of CFJC Today or the Jim Pattison Broadcast Group.